| Temporary Orders In Divorce Cases | | | | subsequent court order. |
| A petition for dissolution has been filed with the clerk of | | | | In a case with minor children involved, the most |
| the circuit court. A summons has issued against the | | | | common temporary relief motion is one for temporary |
| spouse and it has in fact, been properly served. From | | | | child support. Once the parties have separated, the |
| that point, the respondent has thirty days to file an | | | | physical, custodial parent will want a court order to |
| appearance in the case; otherwise, a default can be | | | | insure that child support is paid. Without a court order, |
| entered. Additionally, the respondent needs to file an | | | | there is no requirement to pay child support. When left |
| answer to the petition on file. The respondent may | | | | up to the parties, there exists too much room for |
| also wish to file a counter-petition to the one filed by | | | | controversy. A court order will eliminate any doubt and |
| the petitioner. | | | | will require the non-physical custodial parent to provide |
| Some time shortly thereafter, one or each of the | | | | for the support of the minor child or children. |
| parties is likely to file a motion for temporary relief. This | | | | Another common temporary relief motion is that of |
| can include a motion for temporary child support, | | | | temporary spousal support, known as maintenance. It |
| temporary maintenance or temporary visitation. It can | | | | often takes two incomes to survive. When one party |
| also be a temporary motion regarding interim | | | | vacates the marital residence, that party often will stop |
| attorney's fees. No matter what the motion, the | | | | contributing to the support of the other. With a proper |
| process will follow this typical scenario: | | | | court order, a party can be assured of spousal |
| Petition for temporary relief is filed; | | | | support while the case is pending. Once again, the |
| The non-petitioning party will ask for time to respond; | | | | order is temporary in nature. It is subject to change |
| The court will set a hearing date and time. | | | | upon further motion or court order. The amount of said |
| In most cases, the matter will settle, prior to hearing, | | | | support will vary depending upon several |
| with the parties drafting some form of agreed order. If | | | | circumstances which include: income of the parties, |
| not, the matter will go to a full hearing and the court will | | | | length of the marriage, lifestyle that the parties have |
| render a decision. Since the relief is temporary in | | | | become accustomed as well as several other factors. |
| nature, it is subject to change upon further motion and | | | | |